Mont. Code Ann. » TITLE 76. LAND RESOURCES AND USE · CHAPTER 3. LOCAL REGULATION OF SUBDIVISIONS · Part 4. Survey Requirements
Montana Code Annotated

Mont. Code Ann. § 76-3-402 (2026)

Survey And Platting Requirements For Subdivided Lands

✓ laws through the 2025 session (checked Sept. 2026)
Find cases: SyfertCases citing this section MT-LEGleg.mt.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
  1. MCA Contents
  2. TITLE 76
  3. CHAPTER 3
  4. Part 4
  5. 76-3-402 Survey and platting requirements for subdivided lands

TITLE 76. LAND RESOURCES AND USE

CHAPTER 3. LOCAL REGULATION OF SUBDIVISIONS

Part 4. Survey Requirements

Survey And Platting Requirements For Subdivided Lands

76-3-402. Survey and platting requirements for subdivided lands. (1) Every subdivision of land after June 30, 1973, must be surveyed and platted in conformance with this chapter, including the requirements of 76-3-406, by or under the supervision of a registered land surveyor.

(2) Subdivision plats must be prepared and filed in accordance with this chapter and regulations adopted pursuant to this chapter.

(3) All division of sections into aliquot parts and retracement of lines must conform to United States bureau of land management instructions, and all public land survey corners must be filed in accordance with Corner Recordation Act of Montana (Title 70, chapter 22, part 1). Engineering plans, specifications, and reports required in connection with public improvements and other elements of the subdivision required by the governing body must be prepared and filed by a registered engineer or a registered land surveyor, as their respective licensing laws allow, in accordance with this chapter and regulations adopted pursuant to this chapter.

History: En. Sec. 4, Ch. 500, L. 1973; amd. Sec. 2, Ch. 334, L. 1974; amd. Sec. 19, Ch. 213, L. 1975; amd. Sec. 2, Ch. 552, L. 1977; R.C.M. 1947, 11-3862(2); amd. Sec. 3, Ch. 136, L. 1993.

Notes of Decisions
Cited in 4 cases, 1987–2006 · leading case: Bache v. Owens, 883 P.2d 817 (Mont. 1994).
Sort: Relevance Newest Treatment
Bache v. Owens, 883 P.2d 817 (Mont. 1994). · cites it 6× “" Section 76-3-402, MCA. Other divisions of land must be surveyed and "a certificate of survey" must be prepared.”
Karlson v. Rosich, 2006 MT 290, 147 P.3d 196. · cites it 8× “¶10 If the property division here was not exempted and, therefore, *373 subject to the Act’s review and regulation, then the survey standards to be applied would be those provided by § 76-3-402, MCA (2003), entitled “Survey and platting requirements for subdivided lands.”
Timberland Resources, Inc. v. Vaught, 738 P.2d 1277 (Mont. 1987). · cites it 3× “Section 76-3-402(3), MCA, provides that “division of sections into aliquot parts .”
Timberland Resources Inc. v. Vaug, No. 87-090 (Mont. June 23, 1987). · cites it 3× “Section 76-3-402(3), MCA, provides that "division of sections into aliquot parts .”
Mont. Code Ann. § 76-3-402(3): 3 cases
Karlson v. Rosich, 2006 MT 290, 147 P.3d 196. “¶10 If the property division here was not exempted and, therefore, *373 subject to the Act’s review and regulation, then the survey standards to be applied would be those provided by § 76-3-402, MCA (2003), entitled “Survey and platting requirements for subdivided lands.”
Timberland Resources, Inc. v. Vaught, 738 P.2d 1277 (Mont. 1987). “Section 76-3-402(3), MCA, provides that “division of sections into aliquot parts .”
Timberland Resources Inc. v. Vaug, No. 87-090 (Mont. June 23, 1987). “Section 76-3-402(3), MCA, provides that "division of sections into aliquot parts .”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.